Parties to the crime

Question 1

In case of more than 1 defendants

Answer 1

1. Defendants equally involved - joint principals
2. One or more has lesser involvement: principal offender + accomplices

Question 2

Accomplice liability

Answer 2

accomplice shall be liable to be tried, indicted and punished as a principal offender

Question 3

Actus reus of accomplice

Answer 3

1. Aiding: help, assis, support before and during offence
2. Abetting : encouraging during the offence
3. Counselling: instigating, soliciting, encouraging, threatening before offence
4. Procuring: set to achieve
   the commission of the principal offence before offence
   Should be given ordinary meaning.

Question 4

Mere presence at the scene

Answer 4

1. mere presence at the scene is not, in itself, usually sufficient to amount to actus reus of being an accomplice.
2. An accomplice may be liable for their presence if:
   - Attendance was by prior arrangement wih the principal
   - if A actually encouraged or assisted the principal by words or actions

Question 5

Link between principal and accomplice

Answer 5

1. Mental link : meeting of minds usually in case of aid, abet, counsel
   No contact required in case of procurement.
2. Causal link: procurement: it must be established that there is a causal connection between the accomplice’s behaviour and commission of the offence.

Question 6

Relationship between principal and accomplice

Answer 6

No requirement that the principal also be prosecuted and convicted (though it is usually the case. Example (exception rather than norm)
1. Principal has a defence
2. Principal cannot be found.

Question 7

Innocent agency

Answer 7

Sb commits actus reus of crome but is not guilty of the offence because lack of mens rea

Question 8

Mens rea of accomplice

Answer 8

1. intentionally or deliberately:
   - did the act that assisted, encouraged or procured the offence; or
   - spoke the words that advised, encouraged, or procured the crime
2. Knowledge of circumstances:
   - must know that certain things are going to happen (** not necessary full details** or only know that a range of offence will happen); or
   - comtemplate that those things might happen
3. Accomplice is liable for the offence which match the Mens rea of Accomplice where the principal has difference mens rea.
4. In case the principal goes beyond the original plan: Accomplice must assist or encourage the new offence (foresight of what the P might do is evidence of such intent)

Question 9

Withdrawal participation

Answer 9

1. Withdrawal before offence: must be timely and unequivocal: Words alone may suffice where the withdrawal takes place before the
   offence, unless physical assistance has also been given.
2. Withdrawal during offence: simply urging the principal to leave and departing from the scene are not
   sufficient to be effective; some form of physical intervention may be
   required.